Code of the District of Columbia

§ 1–608.62. Applicability.

The provisions of this subchapter shall apply on April 20, 1999, except as follows:

(1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classified as Educational Service employees.

(2) Repealed.

(3) Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Office of the Corporation Counsel as of the effective date of this subchapter. Effective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date.

(4) The provisions of § 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following:

“Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys first hired on or before December 31, 1979.”

(5) Effective October 1, 2014, any attorney who is employed by the Office of the Attorney General and performs work primarily as or for the General Counsel of a subordinate agency shall become an attorney employed by the subordinate agency.


(Mar. 3, 1979, D.C. Law 2-139, § 862; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 26, 2001, D.C. Law 14-42, § 2(b), 48 DCR 7612; Oct. 20, 2005, D.C. Law 16-33, § 3012(i), 52 DCR 7503; Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(b); Dec. 13, 2013, D.C. Law 20-60, § 101(i), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(a), 1014(a)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-609.62.

Effect of Amendments

D.C. Law 14-42 validated a previously made technical change in par. (4).

D.C. Law 16-33 added par. (5).

Pub. L. 109-356 repealed par. (2) which had read as follows: “(2) The provisions of this subchapter shall apply to attorneys employed by the Office of the Chief Financial Officer when the District of Columbia is no longer in a control period, as defined in § 47-393(4).”

The 2013 amendment by D.C. Law 20-60 rewrote (5).

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in (5).

The 2015 amendment by D.C. Law 20-155, § 1014 substituted “October 1, 2014” for “October 1, 2018” in (5).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) amendment of section, see § 3012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §§ 1012(a), and 1014(a)(1) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, §  101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, §  1014(c).